Planning Commission backs variances for 196 Short Street, with pool allowed inside larger setback

The Woodstock Planning Commission on June 5 voted to recommend that City Council approve three variances for work at 196 Short Street, a roughly 1-acre lot in the downtown residential-office (DTRO) district. The commission approved staff recommendations with one change: the pool and associated pool deck may encroach into the 75-foot impervious setback but not into the 50-foot undisturbed stream buffer.

Staff said the lot contains a swale that staff concluded meets the criteria for state waters, triggering statutorily required stream buffers and setbacks. Under current rules, a 25-foot stream buffer, a 50-foot undisturbed buffer, and a 75-foot impervious setback apply; the existing house and three accessory structures already encroach into those buffer zones. The applicant proposes to demolish existing buildings and construct a two-story, 3,746-square-foot single-family home, add a pool and pool deck, and relocate some improvements on the lot. Staff identified three needed variances: (1) allow work in the 50-foot undisturbed buffer to remove existing buildings, grade and construct a new home and limited driveway access; (2) allow work in the 75-foot impervious setback for the primary structure, and (3) waive certain downtown streetscape standards because the lot does not front a public right-of-way.

In their presentation staff recommended that no new construction occur in the 50-foot undisturbed buffer (other than driveway access as required) and recommended that no pool or pool deck encroach into the 75-foot impervious setback. The applicant, builder Aaron Hebel, told the commission that site conditions changed after a recent survey, that a swale on the property has been flowing since heavy rains earlier in the year and was therefore classified as a stream, and that the design was revised to minimize additional encroachment. Hebel said the design emphasizes outdoor living and that a pool is integral to the homeowner's plans; he said relocating the pool to avoid the 75-foot setback is difficult given the site's topography and slope.

Commissioners discussed prior nearby variances and asked staff to confirm encroachments approved for adjacent properties. Staff said a neighboring lot (201 Short Street) had previously been allowed an encroachment into the 75-foot impervious setback and possibly a very small portion into the 50-foot buffer. Commissioners also discussed materials and the possibility of pervious walkways within the buffer; staff said pervious material had been considered but recommended consistency with prior Development Process Committee recommendations that generally moved walkways out of the undisturbed buffer.

After discussion Commissioner Roth moved to approve with staff recommendations but to modify the second condition so the pool may not encroach into the 50-foot buffer (i.e., the pool would be allowed to encroach into the 75-foot impervious setback but remain outside the 50-foot undisturbed buffer). The motion was seconded; the commission approved the recommendation to forward the variances to City Council with the edited conditions. The chair cast the lone recorded opposing vote; the motion passed and the case will go to city council for final action.

Staff and the commission noted that small edits to the written conditions (conditions of approval 1 and 2) would likely be needed to reconcile construction access and temporary disturbance during pool construction so the final conditions could reflect how much construction activity may temporarily occur near the 50-foot buffer for building access and stabilization. Staff said any disturbance must be minimized and stabilized and reviewed by staff at the site-plan stage. The applicant indicated he wanted City Council consideration and would plan to follow the case to council.

Why it matters: the commission approved a path for a new house and pool in an area now governed by stream-buffer rules that did not exist when the existing buildings were placed. The decision allows the homeowner to build the proposed pool within the larger impervious setback while preserving the more protective 50-foot undisturbed buffer.

Next steps: the Planning Commission’s favorable recommendation goes to Woodstock City Council, which holds final authority on variances and modifications to the city’s stream buffer and setback enforcement.